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Board denies rehearing request in 2226 Green Street appeal
Summary
The Board of Appeals denied a rehearing petition for 2226 Green Street, finding the petitioner did not present new evidence; the vote was 5–0 to deny the rehearing request.
At the Nov. 8 hearing the Board of Appeals considered a rehearing request from Janine Shay regarding appeal Seventeen‑one26 (Shay v. DBI), previously decided on Oct. 18 by a 4–1 vote. Shay argued the prior decision understated the significance of building height and submitted permit‑history documents she said established noncompliance.
Attorney Jeff Stalder, representing the permit holder, said the petition did not present new evidence that would justify rehearing under the board's standard of review. Scott Sanchez of the Planning Department summarized the department's prior review and again stated that staff found the project met code requirements; DBI inspector Joe Duffy said height complaints had been investigated and that a narrow tolerance can resolve some past notices.
Vice President Frank Fung moved to deny the rehearing request on the basis that the filing did not present information that could not have been brought earlier; the board voted 5–0 to deny the rehearing request.
The board left the underlying permit decision in place; staff and DBI affirmed that separate complaint processes remain available for any unresolved building‑code questions.
